as to whether the public project involved is within or without the United States.
Undoubtedly where the contract is to be performed and executed in a particular judicial District of the United States then suit is to be brought in that District and not elsewhere. However, that formula for maintaining suit is meaningless and incapable of application where, as here, the contract was to be performed and executed in a foreign land having no United States courts.
It is a rule that where acceptance of the literal meaning of words in a statute leads to results which are absurd or futile or are unreasonable and plainly at variance with the policy of the legislation, the legislative purpose will be followed. Even though, superficially, the meaning of statutory words appears plain, aids to their interpretation may be resorted to in pursuit of the purpose. United States v. American Trucking Associations, Inc., 310 U.S. 534, 543-544, 60 S. Ct. 1059, 84 L. Ed. 1345. United States to Use and Benefit of Hill v. American Surety Co., 200 U.S. 197, 26 S. Ct. 168, 50 L. Ed. 437. Sorrells v. United States, 287 U.S. 435, 446, 53 S. Ct. 210, 77 L. Ed. 413. United States v. Ryan, 284 U.S. 167, 172, 52 S. Ct. 65, 76 L. Ed. 224. A construction of a statute which preserves its usefulness is to be preferred to another which does not. Armstrong Paint & Varnish Works Co. v. Nu-Enamel Corp., 305 U.S. 315, 333, 59 S. Ct. 191, 83 L. Ed. 195. In Helvering v. Obici, 4 Cir., 97 F.2d 431, affirmed Helvering v. Owens, 305 U.S. 468, 59 S. Ct. 260, 83 L. Ed. 292; it was held that a statute should be construed as containing an exception necessary to avoid a consequence which Congress clearly did not intend.
'A thing which is within the intention of the makers of the statute, is as much within the statute, as if it were within the letter.' United States v. Freeman, 3 How. 556, 565, 11 L. Ed. 724. 'The spirit as well as the letter of a statute must be respected, and where the whole context of a law demonstrates a particular intent in the legislature to effect a certain object, some degree of implication may be called in to aid that intent.' Chief Justice Marshall in Durousseau v. United States, 6 Cranch 307, 313, 3 L. Ed. 232.
The conclusions of the Court are as follows: That the plaintiff as a supplier of labor and material on federal construction has been given by the Miller Act a right to sue the defendant surety on the payment bond;
that this court has jurisdiction;
that the Miller Act is highly remedial and is to be construed liberally to effect the object intended by Congress; that the provision in the Act that suit be brought 'in the United States District Court for any district in which the contract was to be performed and executed and not elsewhere' relates to venue
and is controlling when capable of application; that the formula for the place of suit as set forth in the venue provision is meaningless and incapable of application here; and therefore that the said venue provision should be construed as containing an exception in respect of suit such as this where the contract was to be performed and executed in a foreign country having no United States District Court.
Accordingly it is the view of the Court that the instant suit is maintainable.
The motion to dismiss will be denied. An appropriate proposed order to that effect should be submitted.